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WHO CAN I TELL?

WHAT SHOULD I DO?

Sexual Harassment

In The Media

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FAMWZ Foreword

The issue of sexual harassment has been topical not just in the media and within newsrooms but in the country in general. The Federation of African Media Women Zimbabwe (FAMWZ) has for many years been requested to research on and produce a publication on the issue.

This is a first step towards a more comprehensive process of deep, analytical and action-oriented research which is meant not only to bring a shared understanding of this perennial problem, but to inform follow up actions. For FAMWZ and the many concerned journalists and practitioners, male and female, sexual harassment in the media, if unchecked, has the potential to besmirch the name of the profession.

This booklet seeks to also encourage all those journalists, regardless of sex, who may have been harassed to speak out. It is by speaking out that as a profession, as stakeholders, as past and potential victims of the scourge, we will be able to eradicate sexual harassment.

FAMWZ recognises that some people may be unaware of what sexual harassment is, and therefore prey to becoming perpetrators, so we are hoping this booklet provides enough information and general knowledge on the issue to be a deterrent. The few voices captured seek to reach out to the majority in the sector, regardless of whether they sit in the dialogue and facilitate increased understanding of the impact of sexual harassment.

While impact of sexual harassment is readily felt at the individual level, it should be noted that the industry incrementally loses something as the practice drives out otherwise good journalists. The media industry is thus faced with crossed lines of responsibility and authority, reduced productivity, not just on the part of the harassed, the harasser, but the rest of the staff who see and know what is happening and are likely demotivated by senior people who are supposed to add value to the process, overlooking certain processes in the production chain in order to support the covert operations linked to sexual harassment. Potential litigation, in the event of someone suing the media house after being sexually harassed, is a real threat to the profits of the outlets and needs serious attention.

It is against this background that as FAMWZ we trust you will find this booklet useful as an individual and as an organisation in reflecting on our actions, reviewing our policies and adopting actions to ensure that the newsroom and related spaces, are not conducive to but disable sexual harassment in all its forms and protects practitioners, both male and female. FAMWZ looks forward to feedback that is mutually beneficial to us as an organisation and to the industry as a whole. As the media credo is freedom of expression, it can hardly be called so when one powerful person imposes their will on a reluctant junior, who unfortunately, has no leeway to express their real position. As media, we cannot ask others in society to be accountable, if we ourselves are not.

FAMWZ

ZUJ Foreword

Sexual harassment is a serious problem and women in particular in the Zimbabwean media have been grappling with sexual harassment for many years.

The Zimbabwe Union of Journalists (ZUJ) in conjunction with Federation of African Media Women Zimbabwe (FAMWZ) have compiled this publication as part of efforts to tackle the problem.

Sexual harassment represents one of the largest areas of complaints in the media. However, the absence of a law that deals specifically with sexual harassment has allowed culprits to commit these acts and get away with it.

During outreach meetings with journalists around the country, sexual harassment which had never really been deliberated upon in the past, was discussed openly, in very robust sessions indicating that it was a serious problem.

If complaints of harassment are not resolved internally, costly legal action and damage to an organisation’s reputation may follow. Conversely, the benefits for the media of tackling harassment can be substantial. Sickness absence, stress and conflict in the workplace are reduced. Staff retention, efficiency, morale and profitability can be increased.

 

This booklet looks at clear definitions and types of sexual harassment which will help women identify when they are being attacked. Most, incidents of sexual harassment remain unreported for reasons including shame, social stigma and fear of reprisal or the case going to trial. The booklet examines ways to combat the occurrence of sexual harassment and how to respond when incidents occur. They emphasize the need for education, training and information campaigns.

 

We hope they will serve as a useful guide and lead to a greater understanding of this widespread and very sensitive issue.

 

Foster V. Dongozi

Secretary General

Zimbabwe Union of Journalists, ZUJ

Introduction and Background

For many years, women in the Zimbabwean media have been grappling with sexual harassment which has impacted on them personally and professionally. Sexual harassment is becoming an extensive problem in most newsrooms, because, over the years it has transformed from subtle hints to inappropriate behaviour and now to blatant propositions. Since the change in behaviour has been gradual it is being considered normal behaviour

Journalists, and in particular female journalists are being sexually harassed at work by their colleagues and bosses and they have no idea what to do or where to turn.

They are not sure whether they should tell someone about the incident or even who they should tell in the newsroom. They are further traumatised when they go out on assignment and are harassed by their news sources. When the journalists go back to the newsroom and report these incidents, they are ridiculed or ignored. They are told to “deal with it” or “get over it” since it is one of the professional hazards that a journalist has to deal with. Sometimes the sexual harassment complaint is used to condemn the ability of female journalists to carry out their work competently.

It is even more difficult to address issues of sexual harassment when decision makers in the media deny the existence and prevalence of sexual harassment. Young female journalists who have just entered the profession or are working as interns are particularly vulnerable. Media organisations have policies which are very clear but they are not adhered to because the committees usually appointed to deal with the cases are inadequately equipped to handle such matters.

Subsequently the Zimbabwe Union of Journalists and the Federation of African Media Women Zimbabwe jointly launched a campaign against sexual harassment in the media as part of World Press Freedom Day Commemorations on May 3 2012, as a way to raise awareness of sexual harassment within the media.

FAMWZ and ZUJ have compiled this booklet as part of their strategic campaign to assist media organisations reflect on and begin to deal with sexual harassment in the workplace. The booklet defines sexual harassment, types of harassment and policies and procedures that media organisations can put in place to assist their male and female staff.

Defining sexual harassment

Sexual harassment is defined as an unwelcome sexual advance.

Sexual harassment can be:

• a suggestion or promise of employment or promotion in return for sexual favours;

• a request for sexual favours in return for employment benefits or

• the display of sexually offensive posters, cartoons or drawings, or any other form of verbal or physical behaviour that the recipient regards as unwelcome or embarrassing.

What is important to understand about sexual harassment is that it is uninvited and unwanted. While such conduct can be harassment of women by men, many laws around the world which prohibit sexual harassment recognize that both men and women may be harassers or victims of sexual harassment. However, most claims of sexual harassment are made by women.

A relationship between two consenting adults working together is not considered harassment. It is only considered harassment when one of the parties has more power and privilege than the other, and abuses this, in the workplace to intimidate the other person. Sexual harassment or sexual abuse is not about sexual pleasure. Sexual harassment is a display of unequal power relations and it is about asserting power.

What is important to understand about sexual harassment is that it is uninvited and unwanted.

While perceptions of sexual harassment differ from one individual to another, the International Labour Organisation, the US Equal Employment Opportunity Commission, the UN and a college manual all describe it as:

• Unwanted and unwelcome.

• Harmful to a person’s health and their ability to perform their job.

The International Labour Organisation Declaration on Fundamental Principles and Rights at work describes the two distinct types of sexual harassment: Quid Pro Quo and Hostile Environment.

Quid Pro Quo which literally translated from Latin means this for that – is when a job benefit is directly tied to an employee submitting to unwelcome sexual advances. For example, a supervisor promises an employee a raise if he or she will go out on a date with him or her, or tells an employee he or she will be fired if he or she doesn't sleep with him or her. It usually involves someone in a senior post who uses threats or rewards in exchange for sexual favours.

The second is when a harasser creates a ‘hostile working environment’ by harassing a co-worker and creating a sexually and threatening atmosphere. This type of behaviour unreasonably interferes with any reasonable person’s ability to perform his/her job.

In the workplace, harassers are usually in senior positions and they wield decision-making

authority or other influences that can affect career outcomes. The harasser wants to assert or

exhibit power and control. The victim of the unwanted sexual harassment tends to have limited decision-making authority or lacks self-confidence, or is in a vulnerable or insecure position.

Victims are usually socialised to ‘suffer in silence’.

Case Study 1: Sexual Harassment in the Workplace

Sexual Harassment in the Workplace

By Vaida Mashangwa

It is highlighted in the book Striking Back: The Labor Movement and the Post-Colonial State in Zimbabwe, that sexual harassment of women at the workplace is a hidden crime or a crime without punishment. The main reason being that the perpetrators are rarely held accountable for their actions. Suffice to say that sexual harassment has been in existence since time immemorial. As long as women are employed, they are susceptible to sexual harassment.

Women at times succumb to sexual harassment and are unlikely to report it because while they have captured an ever-increasing share of the labour market, improvements in the quality of their jobs have not kept pace, cite the International Training Programme on Gender Issues in Labour. This is usually reflected in the smaller representation of women in management positions particularly in the private sector and their virtual absence from the most senior jobs. Even when women hold managerial jobs, they are often in less strategic lower paying areas of company operations. As such the zeal to rise may force some women to remain quiet even when they are sexually harassed.

In developing countries such as Zimbabwe, sexual harassment seems to be an unrecognised, insidious crime that is perpetuated against women who have no power and are vulnerable to abuse. ....

There are now larger numbers of reported cases of sexual harassment in schools and tertiary institutions in Zimbabwe. However research has failed to quantify the degree of sexual violence and harassment in educational settings. There were numerous stories in the print media of teachers, tutors or lecturers who demand sexual favours in exchange for higher grades. What is surprising is that they are the same people who are entrusted by parents, the community and the nation at large to monitor and mould the same pupils into responsible future citizens. There is need for interplay between the home and the school in terms of the upbringing of children.

Research estimates that approximately half of all women will be subjected to sexual harassment at some point during their work or academic life. Just like domestic violence, sexual harassment in Zimbabwe is influenced by cultural, religious and social beliefs that a woman is supposed to be subservient and has lesser power hence cannot make meaningful decisions about her personal life.

A survey conducted by researchers of 30 company codes of conduct in Zimbabwe revealed that the majority of the codes recognise sexual harassment as misconduct but definitions were imprecise and the reporting procedures do not recognise it as a unique offence. It is treated as any other offence such as theft. At times the women barely have sight of the code of conduct.

Research carried out in Zimbabwe indicated that every third woman reported being subjected to sexual harassment at the workplace. The interviewees' ages ranged from seventeen to sixty-one years. The question is whether women ever report the cases or whether they prefer to suffer in silence. Some women interviewed also highlighted that they feared victimisation from their spouses once they decide to report as this might be associated with loose morals. In a bid to protect their marriages some women just opt to remain silent.

However it emerged from the survey that in half the cases of women reporting cases of harassment to management, the latter did not take any action. Other women postulated that they were not aware of the reporting procedures or were too embarrassed to make any report. Others just felt they had less power to lodge complaints against superiors. From a survey conducted by Khan and Josdowiski of 130 private companies, more than half of the respondents indicated that their harassers were in supervisory positions and the rest were co-workers. According to the survey, the most vulnerable groups of women included the divorced, widowed, the separated, general hands, maids, semi-skilled workers, temporary, contracted, seasonal workers and women whose educational levels were below Form Two.

The Chronicle, February 12, 2012

Vaidah Mashangwa is the Provincial Development Officer at the Ministry of Women Affairs Gender and Community Development, Bulawayo

Examples Of Sexual Harassment Are:

1. Physical Contact: Unwanted touching, holding, grabbing, kissing or hugging, blocking a movement, patting, stroking or inappropriate touching of a person’s clothing.

2. Verbal or written: These can be comments about clothing, personal behaviour, or a person’s body, sexual or sex-based jokes, requesting sexual favours or repeatedly asking a person out, sexual suggestions, telling rumours about a person’s personal or sexual life

3. Non-Verbal: Derogatory gestures or facial expressions of a sexual nature, following a person and looking down and up a person’s body, leering or whistling at another person; leaning over someone at a desk, or circulating graphic pictures, letters, or cartoons.

4. Visual: These can be emails of a sexual nature, pornography, drawings or pictures constantly shown to someone without the person’s approval.

Information on Best Practices is courtesy of Association for Women and Research (AWARE)

Types of Sexual Harassment

1.    Gender harassment - sexist and derogatory comments about women.

2.    Seductive behaviour - repeated and unwanted sexual invitations.

3.    Sexual bribery - solicitations of sexual conduct with the promise of a reward.

4.    Sexual coercion – threats and intimidation.

5.    Sexual imposition - forceful touching,

Forms of Workplace Sexual Harassment

The following are examples of sexual harassment:

Verbal Sexual Harassment

• Being addressed by unwelcome and offensive terms such as ‘honey’, ‘sweetie’, ‘precious’, ‘hunk’, ‘handsome’, ‘darling’, and other insulting terms on a continuous basis.

• Receiving unwelcome comments or being asked intrusive questions about appearance, body parts, sex life or menstruation.

o Tendai makes comments about Nyasha’s body and how sexy she would look in tight jeans.

• Being made to repeatedly and intentionally listen to dirty jokes or crude stories that are unwelcome and uncomfortable;

o Ben tells Shirley explicit and graphic jokes, even though she has told him on several occasions she does not want to hear them.

• Being pestered for dates or receiving unwelcome sexual suggestions or invitations;

o This is when a co-worker/boss/supervisor keeps asking for a date even when he or she has been turned down several times.

• Being repeatedly subjected to sexually suggestive, obscene or insulting sounds, which are unwelcome and offensive such as whistles or moans.

• Repeatedly receiving emails, instant messages, SMSs, which contain inappropriate language of a sexually-explicit nature.

Physical Sexual Harassment

• Being brushed against or touched in any way that is uncomfortable;

o Thabani keeps touching Thembi when showing her how to solve a problem on the computer, even though he knows she does not like it.

• Having someone expose their private parts to you, or repeatedly stare at your body parts in a way that is uncomfortable;

o Jack keeps glancing at Sally in a suggestive way and sometimes leans back against the wall, watching and leering at him.

• Being made to repeatedly look at sexually explicit images or pictures, or being shown obscene sexual gestures, that are offensive and unwelcome;

• Having someone stand very close to you in a way that is unwelcome and makes you uncomfortable;

• Being forcibly kissed or hugged, slapped on the bum or being forcibly made to touch someone.

Extreme cases will result in rape.

Information on Best Practices is courtesy of Association for Women and Research (AWARE)

Case Study 2: Words of Wisdom

WORDS OF WISDOM

Years ago I left the Department of Information to join a weekly newspaper.

Every morning when I arrived at work, the telephone would ring and when I answered someone who husky say “I love the way you roll your eyes”. I would quickly put the phone down in fear. I wasn’t sure if this was a prank call or a stalker. One day as I was in an elevator I found myself in the company of this sexual pervert who said to me: “Why are you avoiding my calls?” Fear and shock gripped me as I recognised the voice. It was the same voice that I heard on the phone I heard every morning.

I reported the incident to my editor who answered by saying: “Would he really do that?” I then realised that he did not believe my story and started looking for another job. I landed an interview at the local electronic news media organisation. After the second interview, three of the four panellists started calling me up for lunch dates. One of them actually said “Your future is secured…you have got the job…” I felt like I was moving from the frying pan to the fire. Luckily for me the sexual pervert where I was working, retired to start a new company. After that I never experienced any form of abuse but I started fighting abuse of other women journalists in the newsroom.

Over the years I have heard stories of women journalists who date editors. I didn’t succumb to this because back in my day I had been sensitized on issues around my rights as a worker, through the ZCTU, so I was empowered from the word go. A few cases of sexual harassment did take place but none ever saw the light of day. The women journalists are not willing to take any action because they are scared they will be labelled or will not be recommended for a permanent job.

I know of a student on attachment who was harassed sexually after a senior journalist had offered her a lift. When the student reported the incident to me, I took up the case. There was uproar in the newsroom and my male colleagues accused me of trying to get the man sacked. Unfortunately the case died a natural death; I later learnt that the student had dropped the charges and she never got the job.

At times you see young female journalists deliberately being put on assignments with male journalists and later the men brag about their sexual exploits with these young women.

I would recommend that FAMWZ and ZUJ take up pro active roles and nurture students at journalism training institutions before they come to the newsroom for attachment or work. During my yester years I was lucky I was there when journalism unions such as ZUJ were formed, I had an input into their constitution. I also suggest that each and every newsroom to have a focal person who can receive such reports. This person should also be a mentor who is not necessarily a woman journalist because not every woman journalist is sensitive to these matters.

Zimbabwe is a free country that has accorded its citizens freedom of choice when it comes to dressing. My advice to my fellow journalists is that they should dress business like and not wear clothes as though they are going to a jazz or fashion show.

Sexual harassment from news sources can also be dealt with by sticking to your ethics and making sure that your conduct is professional. Above all female journalists should report on any hint or form of harassment of any nature.

Veteran journalist and editor, Ropafadzo Maphimidze

How To Respond To Sexual Harassment

Follow The Three R’s

1. Respond: Make your feelings absolutely clear and firmly tell the harasser to stop the unwelcome behaviour.

2. Record: Keep notes of where, when and the time the incident or incidents occur. Try to make sure there are witnesses to the incident.

3. Report: The incidents to your supervisor or Human Resource Department should he/she continue after you have asked him/her to stop and the harassment continues.

Case Study 3: “I Didn’t Think Anyone Would Believe Me”

I DIDN’T THINK ANYONE WOULD BELIEVE ME

I loved reading and I read anything and everything – books, magazines, pamphlets and even newspapers. My next favourite was writing. The idea of writing a book was not something I ever aspired to do, when I was growing up. So I set my sights on being a journalist and from the age of 9, that’s all I ever wanted to be. I ate, drank and slept journalism, so when I finally got a job at The Sunday Mail, I was over the moon.

Finally my dream had come true.

I would be in the office by 7:30am and get to my desk ready for work. I was willing to cover any beat, just as long as I got to write.

I was shy and reserved so I went about my work quietly. I would try and learn from whoever I could. The most helpful person was my news editor and he pushed me hard – made me do research, he made me prepare well for interviews and he made me rewrite articles when they weren’t written well. He taught me to be a perfectionist.

I looked up to him, respected and most of all I valued his guidance and support.

So it took me by surprise when he first kissed my neck. I didn’t know what to do. I respected his talent and competence. He had always treated me well .... until then!!!

I really didn’t know what to do. I was only 18-years-old and I was naive.

So I didn’t do anything and he just carried on – trying to kiss me – always on my neck. Cornering me in corridors and looking at me suggestively. I would find him behind me in the queue at the canteen even though I did not always go at the conventional meal times. I was so uncomfortable around him.

I asked one of my male friends to visit me at work and pretend he was my boyfriend. This stopped him but only for a while.

There was no one I felt I could talk to. What was worse was that I felt ashamed. I knew it was not my fault and I had not done or said anything for him to do this to me, but I still felt ashamed . I dressed appropriately – in fact I always dressed in pants and long tops so he could not use that excuse. I can’t explain why I felt so ashamed. That is why I could not and would not tell anyone.

I also didn’t think anyone would believe me. After all he was my boss and he was so well respected.

I finally left work after 9 months. I left before he could do anything worse.

The writer of this testimony would prefer to remain anonymous

IMPORTANT THINGS TO CONSIDER ABOUT SEXUAL HARASSMENT

As you think about sexual harassment and other forms of harassment in the work place it is important to keep these facts in mind.

• Sexual harassment can occur between colleagues of the opposite sex or the same sex.

• The person harassing an employee can be a supervisor, a manager, customer, co-worker, peer or a news source. Any person who is connected to the employee's work environment, can be accused of sexual harassment.

Complaints received by FAMWZ and ZUJ in recent years clearly indicate that in the newsrooms in Zimbabwe it is mostly female interns and journalists who are being sexually harassed by their male colleagues, bosses and news sources.

• Other employees who observe or learn about the sexual harassment can also file their own complaint:

o For example - if a supervisor is engaged in a sexual relationship with a staff member who is in the newsroom, other members of staff can claim harassment if they believe the supervisor treats his or her lover differently than they are treated.

• The organisation’s sexual harassment policy should advise the potential victims that if they experience harassment, they should tell the perpetrator to stop and that his or her behaviour is unwanted and unwelcome.

• There are many employees who can harass their bosses by being suggestive in the way they talk, walk and dress. Employees could act provocatively and make their colleagues uncomfortable.

• When an individual experiences sexual harassment, they should use the complaint system and recommended procedures as specified in the sexual harassment policy. The investigation should be conducted as spelt out in the policy.

• The employer has the responsibility to take each complaint of sexual harassment seriously and investigate it.

• Following the investigation of the harassment complaint, no retaliation is permitted, regardless of the outcome of the investigation. The employer must, in no way, treat the employee who filed the complaint differently from the way other employees are treated. If it is determined that the employee lied, disciplinary action is necessary, however.

Case Study 4: Sexually Transmitted Marks – Who is to Blame?

Southern Africa: "Sexually Transmitted Marks" - who is to blame?

Written by Sheena Magenya

Windhoek, 11 June, 2012 - The latest "trend" from institutions of higher learning is that students and lecturers are exchanging a lot more than knowledge and information. It is ‘alleged' by some students that lecturers are soliciting sexual favours from students in exchange for better academic pass marks in their respective courses. Who is responsible for this trend, which in a doctor-patient relationship is deemed unethical?

Sex-for-marks, often dubbed "Sexually Transmitted Marks" (STM) is a well-known phenomenon. The University of Namibia (UNAM) and Walter Sisulu University (Mthatha campus, South Africa) made the news in 2011 with the sex-for-marks scandal. Cases have also been reported in Malawi and Zimbabwe.

In the Namibian case, the probe conducted by the university did not yield any result, as no students came forth with information. The university exonerated the lecturers.

The STM case in Namibia is a typical case of sexual harassment in tertiary institutions. Research conducted by Gender Links in 2010 titled Gender in Media Education (GIME): An audit of Gender in Journalism and Media Education and Training found out that sexual harassment is rife in tertiary institutions. Of the 25 institutions audited in Southern Africa 11 (44%) have sexual harassment policies while 56% do not.

UNAM for instance addresses sexual harassment in the Disciplinary Codes of Conduct that apply to both staff and students. The document also defines sexual harassment; sets out procedures of dealing with sexual harassment cases and the punishment to be administered. However, the GIME research also found out that sexual harassment policies are not well known or enforced.

The problem at stake is that lecturers involved in such relationships justify it and claim that it involves two consenting adults having a relationship or engaging in consensual sexual relations. Many students agree with this. However, with cultures and practises that blur lines between what is seen as sexually appropriate behaviour still in practice, these expressions come as no surprise.

Sexual harassment and exploitation has become normalised by a society whose culture allows men to inappropriately touch or communicate with women, and teaches women to quietly tolerate it.

Sadly, the sex-for-marks syndrome perpetuates the culture of silence and increases cases of sexual harassment in tertiary institutions. Investigations have been called for, but an air of denial still hangs.

A UNAM professor affirmed this when he pointed out that he did not see anything wrong engaging in a relationship with his student who is of age. "We have some very mature students here, and it is not illegal for two consenting adults to be in a relationship. What if she's the one that proposes the relationship?"

Sheena Magenya is a freelance journalist based in Namibia. This condensed article

is part of the Gender Links Opinion and Commentary Service,

bringing you fresh views on everyday news.

Protective Policy

Zimbabwe does not have legislation that specifically deals with sexual harassment in the workplace but it is mentioned in Section 8 of the Labour Relations Act as an unfair labour practice.

According to Section 8:

8. Unfair labour practices by employer

An employer or, for the purpose of paragraphs (g) and (h), an employer or any other person, commits an unfair labour practice if, by act or omission, he –

(g) demands from any employee or prospective employee any sexual favour as a condition of

(i) the recruitment for employment; or

(ii) the creation, classification or abolition of jobs or posts; or

(iii) the improvement of the remuneration or other conditions of employment of the employee; or

(iv) the choice of persons for jobs or posts, training, advancement, apprenticeships, transfer,

promotion or retrenchment; or

(v) the provision of facilities related to or connected with employment; or

(vi) any other matter related to employment;

or

(h) engages in unwelcome sexually-determined behaviour towards any employee, whether verbal or otherwise, such as making physical contact or advances, sexually coloured remarks, or displaying pornographic materials in the workplace.

Victims of sexual harassment can report offences through Labour Officers who are in charge of conciliation of employment-related disputes and unfair labour practices. The victim may also appeal to the Labour Court. Experience with the judiciary system in Zimbabwe has however proved to be arduous for women, most of whom cannot afford to pay for specialised services while the government officers are overworked and underpaid, hence demotivated.

A victim of sexual assault also has the right to press separate criminal and/or civil charges against an alleged perpetrator.

There is need for Zimbabwean laws to properly protect victims of sexual harassment, as the current laws are not adequate and are not enforced, allowing people to be continuously victimised.

Case Study 5: Journalists Against Sexual Harassment

Speaking at a function to mark World Press Freedom Day in 2012 under the theme ‘Journalists Against Sexual Harassment’, Superintendent Jessie Banda from the Zimbabwe Republic Police public relations section said the police were limited when victims of sexual abuse made reports.

“We have never charged anyone with sexual harassment, because there is no law which specifically penalises such conduct. Sexual harassment is complex to police officers because sexual abuse does not exist in the vocabulary of police officers,” said Banda.

As a result, accused persons have to be charged under alternatives laws. The police often have to dissect a charge from the Criminal (Codification) Act, which was time consuming, she said.

In most cases perpetrators of sexual offences are charged with assault or aggravated assault, which might diminish the gravity of the offence.

Cops Bemoan Absence Of Sexual Offences Law - The Zimbabwean, May 4, 2012

Effects Of Sexual Harassment

Sexual harassment impacts negatively on both the victim and the organisation at large. Psychologists and social workers report that severe/chronic sexual harassment can have the same psychological effects as rape or sexual assault.

Common Effects On The Victims

• Psychological stress and deterioration of one’s health.

• Shame and guilt.

• Decreased work performance as a result of stress conditions.

• Increased absenteeism because of the fear of the harassment being repeated.

• Resigning because of the fear of the harassment being repeated and/or as a result of stress.

• Being objectified and humiliated by scrutiny and gossip.

• Having one's personal life offered up for public scrutiny—the victim becomes the "accused," and his or her dress, lifestyle, and private life often comes under attack.

• Becoming publicly sexualized (i.e. groups of people "evaluate" the victim to establish if he or she is "worth" the sexual attention or the risk to the harasser's career)

• Defamation of character and reputation.

• Loss of trust in environments similar to where the harassment occurred.

• Loss of trust in the types of people that occupy similar positions as the harasser or his or her colleagues, especially in cases when they are not supportive.

• Difficulties or stress on peer relationships, or relationships with colleagues.

• It can place extreme stress upon relationships with significant others, sometimes resulting in divorce.

• Weakening of support networks, or being ostracized from professional or academic circles as friends, colleagues, or family distance themselves from the person being harassed.

• Loss of references/recommendations.

• Fatigue and loss of motivation.

• Loss of confidence and self-esteem.

• Most women experience it as insulting behaviour that undermines their self-confidence and thus also their personal effectiveness.

• Victimisation – e.g. being overlooked for promotion. Thus this can hold back their career development and personal growth.

• Men or women who observe harassment going unchecked may lose trust in their superiors and may feel threatened by the situation.

• If there is a belief that others are favoured because they play along then other male staff may be tempted to indulge in the same type of behaviour if that appears to be "the rules of the game" in the media organisation.

a. The Organisation

• Increased team conflict.

• The knowledge that harassment is permitted can undermine ethical standards and discipline in the organization in general, as staff and/or students lose respect for, and trust in, their seniors who indulge in, or turn a blind eye to, or treat improperly sexual harassment.

• If the problem is ignored or not treated properly, a company's image can suffer. If word gets around that a company allows sexual harassment to go unchecked, the company's image among its staff, customers and the general public may also suffer.

• Media organisations may lose valuable staff. Many women journalists would rather resign than go through the unpleasantness of a confrontation.

• The costs of bad decisions due to harassment are difficult to quantify. These include costs of appointing people because of their looks or compliance with "quid pro quo" demands, rather than skills and competence.

Best Practices For Organisations

It is in every organisation’s interest to ensure a workplace that is harassment free.

A responsible employer will want to ensure the safety of its staff and a healthy conducive working environment. Harassment incidents lower the productivity and morale of the victim and staff. Organisations that do not have policies and processes in place may be thrown into confusion and scramble blindly when an incident occurs.

A single incident may cause ruin or severely affect the reputation of the company and may result in the company having to pay large settlement amounts to the victim.

It is thus important for employers to establish a zero tolerance culture towards harassment.

1. Establish a strong written company policy that:

• Explicitly prohibits sexual harassment in the workplace.

• Specifies, with examples, what constitutes sexual harassment,

• Identifies clear grievance procedures.

• Specifies disciplinary action will be taken, including termination.

• Extends the definition of workplace sexual harassment beyond the physical office space, and beyond staff directly employed by the company.

• Avoids language that may discourage complaints.

• Includes a non-retaliation policy.

2. Establish clear procedures to tackle grievances and complaints of sexual harassment

• Allow employees to report to any one of several individuals.

• Process should allow employee to bypass current superiors.

• Check all complaints promptly.

• Ensure strict confidentiality and impartiality in the treatment of complaints of sexual harassment.

• Provide assurance against retaliation for victims and witnesses.

3. Training and Awareness

• Provide training for managers and supervisors to develop their skills and sensitivity to deal with complaints effectively.

• Provide regular training for staff on sexual harassment policies.

• Ensure that all employees and interns are given copies of the harassment policy and procedures.

•

4. Practice What is Preached

• Ensure managers and staff comply with the harassment policy

Information on Best Practices is courtesy of Association for Women and Research (AWARE)

Case Study 6: Who Should I Tell?

Who Should I Tell

I overheard my wife telling her sister how she was being sexually harassed at work. The worst part is this creep has been at it for over a year on and off.

She's scared to go to her boss, because he's also a man around the same age. She also doesn't want to get fired or worse, be known as "the woman who is causing problems for everyone".

She says she has texts from when he started getting personal and some voice recordings of his "sexual jokes". She has asked him to back off and stop, but it continues on and off. He comes into work 45 minutes early so he can be around her.

I want to confront this creep but again my wife doesn't want the problems at work. She loves her job but hates this creep.

Testimony is courtesy of Project Experience

Policies to Adopt to Prevent and Address Sexual Harassment

Your organisational policy handbook needs a:

• general harassment policy,

• gender policy,

• sexual harassment policy,

• policy about how sexual harassment investigations are conducted in your company, and

• it could include a policy that forbids an employee in a supervisory role from dating a reporting employee. If an organisation decides that a supervisor is allowed to date an employee then the company should detail the steps required should a relationship form.

After creating these policies, you need to train all employees

about these policies. You also need to set up a committee

empowered to deal with complaints of sexual harassment.

Information compiled by Reyhana Masters

zambezimasala@

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